Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. These defendants could include the driver of the truck and their employer, as well as a company that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining why a crash happened. Personal injury attorneys with experience will be able to match the data in log books.
Investigation of the Scene
When a car wreck occurs the first step of an investigation is to collect evidence physically and take photos. The causes of truck accidents differ. There are many other aspects to consider. Trucks are frequently carrying dangerous products and even a minor collision can result in fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It is also more time-consuming, and it requires the assistance of experts from various fields. A lawyer who is experienced can help you locate the right experts to perform this work.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the accident. It also requires the assistance of experts who can determine how the accident happened based on the evidence gathered. This is essential in making a defendant accountable for the incident.
In addition, the attorney should seek any information from the truck driver and the company that might be relevant to the case. This could include details regarding the safety guidelines of the trucking company, training procedures, and maintenance protocols. Additionally, the past of the truck driver is vital, such as any past incidents, reprimands, or drug/alcohol test results.
The information from the black box of the truck is yet another piece of evidence that should be collected. These devices, which are similar to those found in planes, can provide a lot of information about the accident. Your lawyer must seek this information as quickly as you can, since it could be lost due to weather conditions or passing traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered in the crash have caused substantial and lasting damage. It is crucial to save these documents, along with any medical notes or treatment schedules that are available.
Expert Witnesses
Although the majority of truck accidents end up in an agreement between the insurance company and the injured party Some do not, and must be heard in court. This is where expert witnesses play an important role. They are professionals with the training and knowledge to analyze the facts in your case, and then offer their opinion to jurors. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors who have very little or no knowledge of them.
Depending on the kind of expert witness required, they could be as basic as a mechanic who will determine the reason your vehicle was damaged in the accident and metallurgists that can conduct a failure analysis of the truck part that is in question or pathologists who determine the reason for death. They might be required to examine and testify on particular aspects of the case, such as the force or crash and the velocity of the vehicle, or the accident reconstruction.
Another important area where experts are brought in is for medical experts to confirm the severity of your injuries. This is an area which can be a major issue by the insurance company as they try to argue that you're exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional damage. In these cases the attorney could call in an independent expert to refute the evidence of the doctor who is a part of the insurance.
Lastly, an expert witness can be crucial when it comes to proving that the trucker involved in the accident was negligent in a certain way. They will utilize their knowledge to help the jury understand the truck driver's failure perform their duties as well as the financial implications that resulted from that failure and how the failure affected the person who was affected.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They deserve financial assistance to cover medical expenses loss of wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve.
One of the most effective technological tools in any case of accident is GPS tracking. These devices are utilized by the trucking industry and they often contain a range of important information that help determine liability. A Qualcomm system, for example can provide crucial information about speed, braking, engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimony to reconstruct the scene of an accident.
Other crucial pieces of information in a truck crash case may include records from the trucking company's telematics system and dash cams. Telematics involves the collection of information gathered by a vehicle's onboard computer. This information can be used to instruct fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. It can be compared with the log books of the truck driver to determine if the correct records were maintained.
A fax record of any communications regarding the trip prior to the accident is equally important. This could include the route, destination, any stops made during the trip as well as any messages exchanged between the trucker and the company. A skilled personal injury lawyer could use this evidence to prove that the trucker was distracted, following unsafe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company or driver or any other defendants failed to perform their duty of care, and caused the collision, then they should be accountable for any injuries that occur due to the collision. Plaintiffs must prove that the defendants broke a law or regulation, and that this violation caused harm. It is easier to show that a violation of a traffic law was negligent however, Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases the truck accident victim may settle their claim without going to trial. To negotiate a settlement, you'll have to discuss the details of your crash with the insurance company. This includes the amount to which you are entitled under the law of the state. An experienced truck accident attorney can evaluate your injuries and document the damage you have suffered due to the accident to determine the value of your case is. Then, the attorney can analyze the results of similar cases of truck accidents and the way juries have awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes any money you have lost due to missing work to receive treatment for your injuries. Lawyers can assist you to with the documentation required for these losses, such as old pay receipts. If new bedford truck wreck lawyer prevent you from returning to the same job, you could be entitled to compensation.
Insurance companies often begin the discussion with a low-ball offer. This is a common tactic to determine how desperate you are for a settlement and can affect the value of your case. An experienced attorney can avoid being low-balled by remaining calm and never giving in to the pressure to accept a shoddy settlement.
Once your lawyer has negotiated a reasonable settlement amount, they will send a written settlement demand to the party at fault and they must respond within 30 days, or your right to pursue the responsible party in court will be revoked. In some cases the trucking company might refuse to negotiate. Your attorney will file an action on behalf of the party who was negligent.
It isn't possible for us to give a general estimate of how much a truck accident settlement is worth since each case is unique and has its own factors like the extent of your injuries and the amount of time you'll miss from work to receive medical treatment. Settlements for truck accidents can range from millions of dollars.